Swain Law Group
Phone: 405-546-1292
Don't Let The Scales Of
Justice Tip Against You

DUI charges are possible in Oklahoma even if are safely parked

Conscientious motorists know if they have had too much to drink and should not be operating a motor vehicle. Sometimes, you may not feel the full effects of alcohol until you are already on the road. People who care about their own safety and the safety of others choose to pull off the roadway and park the vehicle when intoxicated until they are sober enough to drive safely.

This probably sounds like the responsible and safe thing to do, but it may not save you from an alcohol-related arrest in the state of Oklahoma. While DUI typically means driving a motor vehicle under the influence of alcohol, the term "driving" may be deceiving.

In Oklahoma, law enforcement also uses the actual physical control model to determine guilt. This means you could be charged because you have control of the vehicle even if your car is in a parked position and the engine is off. Here are a few elements a court might examine to determine guilt.

  • Whether your car is parked on or off a roadway
  • Whether you are in the driver's seat or somewhere else in the car
  • Whether the car is functional and could be operated
  • Whether the keys are in the ignition or not

For example, if you park to sleep off intoxication and a police officer approaches, he or she may choose not to make an arrest if you are in the backseat. It could strengthen your innocence even more if the car keys are in your pocket instead of the ignition.

Actual physical control is a model that is vulnerable to police error in many cases. An experienced attorney could play a valuable role in defending you against DUI charges related to this concept.

Source: FindLaw, "Elements of a DUI Offense," accessed March 14, 2018

No Comments

Leave a comment
Comment Information

What Our Clients Say

“Matt Swain helped me out of a situation that would have otherwise cost me money I didn't have, and precious time I couldn't spare. And he did it selflessly. If I ever need to turn to an attorney in the future, he would be my first call. I highly recommend him to anyone in the Norman/OKC area! His entire staff was kind and helpful from day one. Thank you all so much!�—Laura M.

Email Us For A Response

How can we help you?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Norman Office
115 South Peters Avenue, Suite 6
Norman, OK 73069

Phone: 405-246-9036
Fax: 405-708-4705
Norman Law Office Map

El Reno Office
421 S Rock Island Ave
El Reno, OK 73036

Phone: 405-246-9036
Map & Directions

Marietta Office
304 W Main St
Marietta, OK 73448

Phone: 405-246-9036
Map & Directions

Sallisaw Office
131 E Choctaw Ave.
Suite 6
Sallisaw, OK 74955

Phone: 405-246-9036
Map & Directions